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PEOPLE v. BERRIER

No. 2-04-0418.

841 N.E.2d 1117 (2006)

362 Ill. App.3d 1153

299 Ill.Dec. 385

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Randy I. BERRIER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 13, 2006.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Elgin (Court-appointed), Robert O. Ackley, Law Offices of Robert O. Ackley (Court-appointed), Mundelein, for Randy I. Berrier.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director/State's Attys. Appellate Prosecutor, Robert M. Hansen, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Randy Berrier, appeals his convictions of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)) and criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2002)). On appeal, defendant argues that (1) the trial court abused its discretion in reopening proofs and allowing the State to produce additional expert testimony regarding the elements of unlawful possession of a controlled...

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